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ENVIRONMENTAL LAW

DEFINITION:
Interlocking body of treaties, conventions, statutes and common law that broadly operate to regulate the interaction of

humanity and the rest of the bio physical/ natural environment


Laws relating to pollution control, remediation, conservation, management of natural resources and land use development.

CONSTITUTIONAL ENVIRONMENTAL RIGHT


Declares that a citizen of a state has a specific right to live in some form of healthy environment. It is more than just a public policy statement for the government to consider environmental measures. The right to a healthy environment is a basic human right.

Declaration of State Principles and State Policies


Sec. 16- The State shall protect and

promote the right of the people to a balanced and healthful ecology in accord with rhythm and harmony of nature

IS THE RIGHT TO A BALANCED & HEALTHFUL ECOLOGY ANY LESS IMPORTANT THAN ANY OF THE CIVIL & POLITICAL RIGHTS ENUMERATED IN THE BILL OF RIGHTS?

While the right to a balanced and

healthful ecology is to be found under the Declaration of Principles & State Policies and not under the Bill of Rights, it does not follow that it is less important than any of the civil and political rights enumerated in the latter.

Such a right belongs to a different category of rights altogether for it concerns nothing less than self-preservation and self-perpetuation, the

advancement of which may even be said to predate all governments and constitutions.
These basic rights need not even be written in the Constitution for they are assumed to exist from the inception of humankind.
OPPOSA v. FACTORAN, 224 SCRA 792

MAJOR INTERNATIONAL CONVENTIONS & THEIR ADOPTION/ INCORPORATION IN PHILIPPINE LAW

Basis for the Incorporation:


ARTICLE II, SEC. 2 (CONSTI) The Philippines renounces war as an

instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all nations.

1972- UN Conference on the Environment 1985- Vienna Convention for the

Protection of the Ozone Layer 1992- Rio Declaration on Environment & Development (Earth Summit) 1994- UN Framework Convention on Climate Change 1997- Montreal Protocol on Substances that Deplete the Ozone Layer

PRINCIPLE 21-RIO DECLARATION


States have, in accordance with the charter of the UN and the principles of International law, the sovereign right to exploit their own

resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction

PHILIPPINE ENVIRONMENTAL LAWS CLASSIFICATION:


LAWS RELATING TO NATURAL RESOURCES: Philippine Mining Act of 1995 Petroleum Act of 1949 Revised Forestry Code Fisheries Code IPRA (RA 8377) Mining Legislations

POLLUTION CONTROL
Philippine Environmental Policy Law Clean Air Act

PD 1181- Prevention, Control & Abatement of Air Pollution from Motor Vehicles

WASTE MANAGEMENT LAWS: Ecological Solid Waste Management Act

PRIMARY METHODS OF ENVIRONMENTAL REGULATION:


1. GOVERNMENT IMPOSED CONTROLS - The government may impose controls on pollution using technological or quality controls.
2. MARKET BASED INCENTIVES

- The government encourages private organizations to reduce or control pollution or massive depeletion of resources

3. PUBLICATION OF ENVIRONMENTAL EFFECTS

- Information dissemination strategies